Accident Hit from behind. Totally not my fault. Can I sue him for pain and suffering.since the insurance company isn't paying what I want.

I am sorry to hear that you were involved in an automobile accident.  Dealing with insurance companies can be a very difficult venture, even for us attorneys who do it every single day.  Simply put, the insurance companies are not your friend and really do not care about what happened to you or what you are going through as a result of your injuries.  This leads, often times, to the insurance company undervaluing the claim and offering little to nothing over and beyond the medical bills incurred in the case. You have an absolute right to sue the other driver for the injuries he/she caused you as a result of his/her negligent act (i.e. hitting you from behind AKA failing to maintain an assured clear distance ahead).  However, you must file a lawsuit within two years from the date of the accident, or your claim may be barred by the applicable statute of limitations. The question you would need to ask yourself is whether it is economically feasible to file a lawsuit.  Lawsuits are not inexpensive.  If you go it alone, you will spend at least a few hundred bucks of your own money to file the complaint.  You will need to obtain copies of all your medical records and medical bills, which can be costly depending on how much is needed.  You may also have to incur the expense of taking a deposition of the other driver and/or your doctors to prove your injuries.  If you hire an attorney, you will incur these same expenses, plus you will have to pay attorneys' fees, which are usually 1/3 of the gross amount that you recover.  Therefore, you need to look at it from a monetary standpoint, and determine whether it is worth spending the money to pursue a lawsuit to possible recover another $2500 from the insurance company.  You also need to be mindful that by filing a lawsuit, you are almost guaranteeing that you will not see any recover for a minimum of 6 months.  So you need to determine whether it is important that you get the money now, or can wait it out. Might be of benefit for you to sit down and speak with an experienced attorney about what your injuries are, how much your medical bills are, any lost wages, etc.  He/she should be able to tell you whether or not the offer from the insurance company is a fair offer or if you should file a lawsuit to pursue it further.  Most attorneys offer a free initial consultation for cases of this nature. I wish you the best of luck, and I hope of I have fully answered your question.